Doctor Only Partially Removes Appendix, Resulting in Pre-Mature Birth

Earlier this month in Graham, North Carolina, a woman’s medical malpractice
case against her doctor began, with the first witnesses taking the stand
saying that the defendant doctor did not perform up to the expected standard of care.

The
case arises out of a 2009 appendectomy. Evidently, the plaintiff went to the
hospital with severe stomach pains. Upon arrival, she was diagnosed with
acute appendicitis. While she was being prepped for surgery, it was discovered
that the plaintiff was three weeks pregnant. The defendant doctor performed
the surgery, removing the woman’s appendix.

However, about five months later the woman again was suffering from excruciating
stomach pains. This time she went to a different hospital and was again
diagnosed with acute appendicitis. Apparently, the previous doctor left
one-third of the woman’s appendix in her body during the appendectomy.
She had to go under the knife again to have the remaining portion of her
appendix removed. However, due to the second-wave appendicitis and resulting
surgery, the woman’s child was born four months premature.

The woman sued the doctor who performed the first appendectomy, claiming
that he “didn’t follow the accepted medical standard of care,
didn’t use best judgment, and didn’t take due diligence or
reasonable care.” In support of her claim, she had an expert from
the University of Texas Health Science Center at Houston testify that
“Not taking the time to remove one-third of her appendix was a danger
to her and a foreseeable mortal threat to her baby.”

The defendant doctor’s position is that he made the best decision
given the circumstances. Evidently, he is claiming that the plaintiff’s
appendix was in an unusual spot and was partially obstructed by her colon.
Thus, according to the doctor, removing the entire appendix would have
required a longer, more serious surgery, and given the woman’s condition
the doctor didn’t think it was a good idea.

Medical Malpractice Lawsuits As you can see,
medical malpractice lawsuits focus on whether the defendant doctor acted within the bounds
of a reasonable standard of care. To prove a medical malpractice case
at trial, therefore, it is incumbent on the plaintiff to show that the
care that the defendant doctor provided was substandard in some way, not
just that it resulted in injury. To do so, expert witnesses are often
called to testify to what the standard of care is in the given situation.

Have You Been Involved in a Medical Malpractice Incident?

If you or a loved one has recently been involved in a medical malpractice
incident, you may be entitled to monetary compensation for your injuries
or losses. However, keep in mind that medical malpractice actions are
some of the most complex cases to litigate. It is therefore highly advised
to seek the counsel of a dedicated medical malpractice attorneys before
filing your case. To speak to an experienced medical malpractice attorney
today to discuss your potential case, call (410) 567-0800 to set up a free
initial consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship. Past
results are not a guarantee of future results.

x

⚠

Your browser is out of date. To get the full experience of this website,
please update to most recent version.